LETTER | Justice Hamid Sultan – the need for RCI

LETTER | We are troubled by matters related to the functioning of the Malaysian judiciary and the way allegations made about judicial misconduct is being treated by the authorities.

Some months ago, Court of Appeal judge Hamid Sultan Abu Backer revealed in an affidavit made by him in connection with a case, of several instances of interference with the judicial process. 

The allegations of impropriety at the highest judicial levels, of high-profile cases involving opposition politicians, leave us wondering about the veracity of decisions arrived at by our courts. 

The allegations coming from a senior and respected judge, seriously erode the confidence and trust of the public in the judicial system and the judges. 

The integrity of judges and the judicial process are vital to our democracy and the protection of our civil rights. 

A flawed judicial system is the nightmare of all decent citizens - “If the judge is honest, then the people will be at peace; and if the people are at peace, their manners and morals will be good.”

What is equally worrying is the official reaction to the allegations. The alarm bells should have awakened all our institutions of good governance and integrity and not least, of corruption. 

Nothing less than an open inquiry through a royal commission will allay the grave concerns that arise from the allegations. 

What is being done is pathetically inadequate and only gives credence to the allegations made by the judge. 

Hamid Sultan is being summoned before the Judges’ Ethics Committee established under an act of Parliament. 

We do not believe that an ethics committee appointed by the chief justice and made of judges, albeit senior to Hamid Sultan would have the independence and detachment required to decide on the allegations. 

We are also doubtful that the ethics committee has the jurisdiction to examine the veracity of the allegations.

In the circumstances, we implore the appropriate authorities to take this matter to a Royal Commission of Inquiry (RCI).

This letter is endorsed by the following individuals:

Prof Zaharom Nain, president of Gerak

UK Menon, barrister

Lt Col (Rtd) Ahmad Ghazali Abu-Hassan

Prof Dr Teh Yik Koon

Dr Wan Abdul Manan Wan Muda

Lee Yin Su

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.